A Study On The System Of Judicial Remedy For Civil And Commercial Arbitration

Arbitration is a kind of institutionalized form which solves the dispute outside administration of justice. Thanks to its many superior traits such as impartiality, promptness, voluntaries, confidentiality and convenience, arbitration has already become an important way of the civil and commercial dispute resolution in recent years, however, due to it's nongovernmental and contract specialities, the dispute resolution function of arbitration can't be carried out perfectly. In the course of arbitration, if parties can't effectively safeguard and realize their lawful rights and interests after having used every possible arbitration relief means, then they can resort to judicial remedy.So it is important for the parties of arbitration to resort to judicial remedy. And for the present days the research of present domestic and international scholar in this respect concentrates on the relation between the court and arbitral tribunal , that is the relation of supporting and being supported, supervising and being supervised,but few person studies Judicial remedy of arbitration in terms of party. I have carried on the careful studies of the relation between court and arbitration with the brand-new angle in term of arbitral litigant, and thought that it is judicial remedy for civil and commercial arbitration for court to support and supervise arbitration in fact. In this article, the author first gives readers a general introduction of judicial remedy for civil and commercial arbitration. then discusses Judicial remedy of arbitration during arbitration and after arbitration,in the end after analyzing our Country's related Legislation, proposes a serials of suggestions on perfecting the system of judicial remedy for readers guidance...